SUMMARY--Makes changes to provisions governing certain crimes relating to stalking or domestic violence. (BDR 15-75)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to crimes; increasing the penalty for the crime of aggravated stalking; providing for mandatory protective orders for victims of certain crimes relating to stalking; increasing the penalty for the violation of certain protective orders; providing for mandatory periods of imprisonment for certain crimes relating to stalking or domestic violence; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 200.575 is hereby amended to read as follows:
200.575 1. A person who, without lawful authority, willfully or maliciously engages in a course of conduct that would cause a reasonable person to feel terrorized, frightened, intimidated or harassed, and that actually causes the victim to feel terrorized, frightened, intimidated or harassed, commits the crime of stalking. Except where the provisions of subsection 2 are applicable [,] and except as otherwise provided in subsection 4, a person who commits the crime of stalking:
(a) For the first offense, is guilty of a misdemeanor.
(b) For any subsequent offense, is guilty of a gross misdemeanor.
2. A person who:
(a) Commits the crime of stalking and in conjunction therewith threatens the person with the intent to cause him to be placed in reasonable fear of death or substantial bodily harm;
(b) Commits the crime of stalking on his spouse while a proceeding for the dissolution of their marriage is pending for which he has actual or legal notice or within 6 months after entry of the final decree of dissolution; or
(c) Commits the crime of stalking on a person with whom he has a child in common while a proceeding for the custody of that child is pending for which he has actual or legal notice,
commits the crime of aggravated stalking.
3. [A] Except as otherwise provided in subsection 4 or 5, a person who commits the crime of aggravated stalking shall be punished:
(a) If he commits the crime set forth in paragraph (a) of subsection 2, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, and may be further punished by a fine of not more than $5,000.
(b) If he commits the crime set forth in paragraph (b) or (c) of subsection 2:
(1) For the first offense, for a gross misdemeanor.
(2) For the second and any subsequent offense, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than [6] 10 years, and may be further punished by a fine of not more than $5,000.
4. If a person is convicted of a misdemeanor or gross misdemeanor pursuant to this section, the court:
(a) Shall sentence the person to a term of imprisonment of:
(1) Not less than 10 days nor more than 6 months, if the offense is a misdemeanor; or
(2) Not less than 20 days nor more than 1 year, if the offense is a gross misdemeanor; and
(b) Shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment of:
(1) Not less than 10 days, if the offense is a misdemeanor; or
(2) Not less than 20 days, if the offense is gross misdemeanor.
5. If a person is convicted of a felony pursuant to this section, the court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person serve a term of imprisonment in jail of not less than 60 days nor more than 1 year.
6. Except as otherwise provided in subsection 2 of NRS 200.571, a criminal penalty provided for in this section may be imposed in addition to any penalty that may be imposed for any other criminal offense arising from the same conduct or for any contempt of court arising from the same conduct.
[5.] 7. The penalties provided in this section do not preclude the victim from seeking any other legal remedy available.
[6.] 8. As used in this section:
(a) "Course of conduct" means a pattern of conduct which consists of a series of acts over time that evidences a continuity of purpose directed at a specific person.
(b) "Without lawful authority" includes acts which are initiated or continued without the victim's consent. The term does not include acts which are otherwise protected or authorized by constitutional or statutory law, regulation or order of a court of competent jurisdiction, including, but not limited to:
(1) Picketing which occurs during a strike, work stoppage or any other labor dispute.
(2) The activities of a reporter, photographer, cameraman or other person while gathering information for communication to the public if that person is employed or engaged by or has contracted with a newspaper, periodical, press association or radio or television station and is acting solely within that professional capacity.
(3) The activities of a person that are carried out in the normal course of his lawful employment.
(4) Any activities carried out in the exercise of the constitutionally protected rights of freedom of speech and assembly.
Sec. 2 NRS 200.591 is hereby amended to read as follows:
200.591 1. A person who reasonably believes that the crime of stalking, aggravated stalking or harassment is being committed against him by another person may petition any court of competent jurisdiction for a temporary or extended order directing the person who is allegedly committing the crime to:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
2. If a defendant charged with a crime involving harassment, stalking or aggravated stalking is released from custody before trial or if a defendant is found guilty [at the trial,] of harassment, the court may issue a temporary or extended order or provide as a condition of the release or sentence that the defendant:
(a) Stay away from the home, school, business or place of employment of the victim of the alleged crime and any other location specifically named by the court.
(b) Refrain from contacting, intimidating, threatening or otherwise interfering with the victim of the alleged crime and any other person, including a member of the family or the household of the victim, specifically named by the court.
3. If a defendant is found guilty of stalking, aggravated stalking, a violation of an extended order issued pursuant to this section or any other offense that was committed as part of a course of conduct that would be considered stalking or aggravated stalking, the court shall issue at sentencing an extended order which contains the restrictions set forth in subsection 2 and which expires 1 year from:
(a) The date that the defendant is released on probation, parole or any other type of supervised release; or
(b) The date that the defendant's sentence expires if the defendant is not released pursuant to paragraph (a) or if he is released pursuant to paragraph (a) and his release is revoked for an act directed at a person protected by the extended order.
4. The provisions of subsection 3 do not affect:
(a) The authority of the court to make one or more of the restrictions set forth in subsection 2 a condition of probation or a condition of the defendant's sentence; or
(b) The authority of the state board of parole commissioners to make one or more of the restrictions set forth in subsection 2 a condition of parole.
5. A temporary order may be granted with or without notice to the adverse party. [An] Except as otherwise provided in subsection 3, an extended order may be granted only after notice to the adverse party and a hearing on the petition.
[4.] 6. If an extended order is issued by a justice's court [,] pursuant to any provision in this section other than subsection 3, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.
[5. Any]
7. A person who intentionally violates [:
(a) A] a temporary order is guilty of a gross misdemeanor [.
(b) An] , unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act against a person protected by the order:
(a) The court shall:
(1) Impose upon the person violating the order a fine of $1,000 or require him to perform a minimum of 200 hours of work for the community.
(2) Sentence him to a term of imprisonment of not less than 20 days nor more than 6 months.
(3) Order him to reimburse the person seeking enforcement of the order, in an amount determined by the court, for all costs and attorney's fees incurred as a result of seeking enforcement of the order and to reimburse the person injured for all medical expenses incurred as a result of the violent physical act. The person violating the order shall pay reimbursement pursuant to this subparagraph before paying a fine imposed for violating the order.
(b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person violating the order serve a term of imprisonment of not less than 20 days.
8. A person who intentionally violates an extended order is guilty of a category C felony and shall be punished as provided in NRS 193.130 [.
6. Any court] , unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act against a person protected by the order:
(a) The court shall:
(1) Impose upon the person violating the order a fine of at least $1,000 or require him to perform a minimum of 200 hours of work for the community.
(2) Order him to reimburse the person seeking enforcement of the order, in an amount determined by the court, for all costs and attorney's fees incurred as a result of seeking enforcement of the order and to reimburse the person injured for all medical expenses incurred as a result of the violent physical act. The person violating the order shall pay reimbursement pursuant to this subparagraph before paying a fine imposed for violating the order.
(b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person violating the order serve a term of imprisonment in jail of not less than 60 days nor more than 1 year.
9. An order issued by a court pursuant to this section must:
(a) Be in writing;
(b) Be personally served on the person to whom it is directed [;] or, if it is issued pursuant to subsection 3, provided to the defendant at sentencing; and
(c) Contain the warning that violation of the order:
(1) Subjects the person to immediate arrest.
(2) Is a gross misdemeanor if the order is a temporary order.
(3) Is a category C felony if the order is an extended order.
(4) May subject the person to a mandatory term of imprisonment.
10. In a judicial district that includes a county whose population is 100,000 or more, if a person petitions a justice's court for an order pursuant to the provisions of this section, the justice's court shall hear and determine the petition unless, when the petition is filed:
(a) The person filing the petition and the person allegedly committing the crime are parties in a pending matter in which the family court has acquired jurisdiction; and
(b) Based upon the circumstances known to the justice's court, the person filing the petition is otherwise eligible for a temporary or extended order for protection against domestic violence pursuant to NRS 33.017 to 33.100, inclusive, or for a restraining order or injunction that is enforceable pursuant to NRS 125.560.
Sec. 3 NRS 200.594 is hereby amended to read as follows:
200.594 1. A temporary order issued pursuant to NRS 200.591 expires within such time, not to exceed 30 days, as the court fixes. If a petition for an extended order is filed within the period of a temporary order, the temporary order remains in effect until the hearing on the extended order is held.
2. On 2 days' notice to the party who obtained the temporary order, the adverse party may appear and move its dissolution or modification, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
3. [An] Except as otherwise provided in subsection 3 of NRS 200.591, an extended order expires within such time, not to exceed 1 year, as the court fixes. A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than 1 year.
Sec. 4 NRS 200.597 is hereby amended to read as follows:
200.597 1. Each court that issues an order pursuant to NRS 200.591 shall transmit, as soon as practicable, a copy of the order to all law enforcement agencies within its jurisdiction. [The] Except for orders issued pursuant to subsection 3 of NRS 200.591, the copy must include a notation of the date on which the order was personally served upon the person to whom it is directed.
2. A peace officer, without a warrant, may arrest and take into custody a person when the peace officer has reasonable cause to believe that:
(a) An order has been issued pursuant to NRS 200.591 to the person to be arrested;
(b) The person to be arrested has received a copy of the order; and
(c) The person to be arrested is acting in violation of the order.
3. Any law enforcement agency in this state may enforce a court order issued pursuant to NRS 200.591.
Sec. 5 NRS 200.601 is hereby amended to read as follows:
200.601 1. The prosecuting attorney in any trial brought against a person on a charge of harassment, stalking , [or] aggravated stalking or a violation of an order issued pursuant to NRS 200.591 shall inform the alleged victim of the final disposition of the case.
2. If the defendant is found guilty and the court issues an order or provides a condition of his sentence restricting the ability of the defendant to have contact with the victim or witnesses, the clerk of the court shall:
(a) Keep a record of the order or condition of the sentence; and
(b) Provide a certified copy of the order or condition of the sentence to the victim and other persons named in the order.
Sec. 6 NRS 33.100 is hereby amended to read as follows:
33.100 1. A person who violates a temporary [or extended] order is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order [, the] :
(a) The court shall:
[(a)] (1) Impose upon the adverse party a fine of $1,000 or require him to perform a minimum of 200 hours of work for the community;
[(b)] (2) Sentence him to [imprisonment for not fewer than 5] a term of imprisonment of not less than 10 days nor more than 6 months;
[(c)] (3) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorney's fees incurred by the applicant in seeking to enforce the temporary [or extended] order, and for all medical expenses of the applicant and [a] any minor child incurred as a result of the violent physical act; and
[(d)] (4) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
[2.] (b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the adverse party serve a term of imprisonment of not less than 10 days.
2. A person who violates an extended order is guilty of a category C felony and shall be punished pursuant to NRS 193.130, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order. If the violation is accompanied by a violent physical act by the adverse party against a person protected by the order:
(a) The court shall:
(1) Impose upon the adverse party a fine of at least $1,000 or require him to perform a minimum of 200 hours of work for the community;
(2) Order him to reimburse the applicant, in an amount determined by the court, for all costs and attorney's fees incurred by the applicant in seeking to enforce the extended order, and for all medical expenses of the applicant and any minor child incurred as a result of the violent physical act; and
(3) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
(b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the adverse party serve a term of imprisonment in jail of not less than 60 days nor more than 1 year.
3. The adverse party shall comply with the order for reimbursement of the applicant before paying a fine imposed pursuant to this section.
Sec. 7 NRS 125.560 is hereby amended to read as follows:
125.560 1. A person who violates a restraining order or injunction:
(a) That is in the nature of a temporary or extended order for protection against domestic violence; and
(b) That is issued in an action or proceeding brought pursuant to this Title,
[is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction.]
shall be punished pursuant to the provisions of this section. For the purposes of this subsection, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
2. A person who violates a temporary order or injunction is guilty of a misdemeanor, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction. If the violation is accompanied by a violent physical act against a person protected by the order or injunction [, the] :
(a) The court shall:
[(a)] (1) Impose upon the person [committing the act] violating the order or injunction a fine of $1,000 or require him to perform a minimum of 200 hours of work for the community;
[(b)] (2) Sentence him to [imprisonment for not fewer than 5] a term of imprisonment of not less than 10 days nor more than 6 months;
[(c)] (3) Order him to reimburse the person [obtaining] protected by the order or injunction, in an amount determined by the court, for all costs and attorney's fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
[(d)] (4) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
[3.] (b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person violating the order or injunction serve a term of not less than 10 days.
3. A person who violates an extended order or injunction is guilty of a category C felony and shall be punished pursuant to NRS 193.130, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction. If the violation is accompanied by a violent physical act against a person protected by the order or injunction:
(a) The court shall:
(1) Impose upon the person violating the order or injunction a fine of at least $1,000 or require him to perform a minimum of 200 hours of work for the community;
(2) Order him to reimburse the person protected by the order or injunction, in an amount determined by the court, for all costs and attorney's fees incurred by that person in seeking to enforce the order or injunction, and for all medical expenses of the person and any minor child incurred as a result of the violent physical act; and
(3) Order him to participate in and complete a program of professional counseling, at his own expense, if such counseling is available.
(b) The court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the person violating the order or injunction serve a term of imprisonment in jail of not less than 60 days nor more than 1 year.
4. The person [committing the violation] violating the order or injunction shall comply with the order for reimbursement of the person [obtaining] protected by the order or injunction before paying [any] a fine imposed pursuant to this section.
5. As used in this section:
(a) "Extended order or injunction" means an order or injunction other than a temporary order or injunction.
(b) "Temporary order or injunction" means an order or injunction that is in effect for a period not exceeding 30 days.
Sec. 8 Chapter 176 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 to 14, inclusive, of this act.
Sec. 9 As used in sections 9 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 10 to 13, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 10 "Deadly weapon" has the meaning ascribed to it in NRS 193.165.
Sec. 11 "Explosives" has the meaning ascribed to it in NRS 202.750.
Sec. 12 "Firearm" has the meaning ascribed to it in NRS 202.253.
Sec. 13 1. "Offense relating to domestic violence" means any of the following offenses if committed by the defendant against a person listed in subsection 2:
(a) Manslaughter pursuant to NRS 200.040 to 200.090, inclusive.
(b) Mayhem pursuant to NRS 200.280.
(c) Kidnaping in the second degree pursuant to NRS 200.310 to 200.350, inclusive.
(d) Detaining, concealing or removing a child pursuant to NRS 200.359.
(e) Administration of poison or other noxious or destructive substances pursuant to NRS 200.390.
(f) Battery with the intent to commit a crime pursuant to NRS 200.400.
(g) Administration of a drug to aid in the commission of a felony pursuant to NRS 200.405.
(h) False imprisonment pursuant to NRS 200.460.
(i) Assault pursuant to NRS 200.471.
(j) Battery pursuant to NRS 200.481.
(k) Harassment pursuant to NRS 200.571.
(l) Making a threatening or annoying telephone call pursuant to NRS 201.255.
(m) Arson pursuant to NRS 205.005 to 205.055, inclusive.
(n) Burglary or invasion of the home pursuant NRS 205.060 to 205.080, inclusive.
(o) Entering property with the intent to damage or destroy property pursuant to NRS 206.040.
(p) Destroying or injuring property pursuant to NRS 206.310.
(q) Sending or delivering a threatening or obscene letter pursuant to NRS 207.180.
(r) Coercion pursuant to NRS 207.190.
(s) Trespassing pursuant to NRS 207.200.
(t) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (s), inclusive.
(u) Any other offense or attempt or conspiracy to commit an offense if:
(1) The offense involved:
(I) The use or threatened use of force or violence against the victim;
(II) The use or threatened use of a firearm, a deadly weapon or explosives;
(III) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or
(IV) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property; or
(2) At or before sentencing, the court determines that one of the purposes for which the defendant committed the offense was to annoy, coerce, harass, intimidate or threaten a person listed in subsection 2.
2. For the purposes of subsection 1, "person" means:
(a) A person to whom the defendant is related by blood or adoption;
(b) A person to whom the defendant was married or is married;
(c) A person with whom the defendant has a child in common;
(d) A person with whom the defendant resided or is residing;
(e) A person with whom the defendant had or is having a dating relationship;
(f) A minor child of a person listed in paragraphs (a) to (e), inclusive; or
(g) Any other person not listed in paragraphs (a) to (f), inclusive, if the defendant committed the offense against the other person to annoy, coerce, harass, intimidate or threaten a person listed in paragraphs (a) to (f), inclusive, or if the defendant committed the offense against the other person because the other person is married to or is residing or having a dating relationship with a person listed in paragraphs (a) to (e), inclusive.
Sec. 14 1. If a defendant is convicted of an offense relating to domestic violence and the underlying offense is a misdemeanor or gross misdemeanor, the court shall sentence the defendant to a term of imprisonment of:
(a) Not less than 10 days nor more than 6 months, if the underlying offense is a misdemeanor; or
(b) Not less than 20 days nor more than 1 year, if the underlying offense is a gross misdemeanor,
unless a more severe sentence is prescribed by statute for the underlying offense.
2. If a defendant is convicted of an offense relating to domestic violence and the underlying offense is a misdemeanor or gross misdemeanor for which the court is permitted to grant probation or suspend the sentence, the court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the defendant serve a term of imprisonment of:
(a) Not less than 10 days, if the underlying offense is a misdemeanor; or
(b) Not less than 20 days, if the underlying offense is a gross misdemeanor.
3. If a defendant is convicted of an offense relating to domestic violence and the underlying offense is a felony for which the court is permitted to grant probation or suspend the sentence, the court shall not grant probation or suspend the sentence unless the court orders as a condition of probation or suspension of sentence that the defendant serve a term of imprisonment in jail of not less than 60 days nor more than 1 year.
Sec. 15 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 16 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 17 Sections 6 and 7 of this act become effective at 12:01 a.m. on October 1, 1997.